Common Questions
About Legal, Real Estate & Insurance

Estate planning is not just about taxes or distributing assets after death. A complete estate plan protects you during your lifetime — naming who makes healthcare and financial decisions if you're incapacitated, avoiding a court-supervised conservatorship, and ensuring your family doesn't face confusion and conflict when you're gone. For most California families who own property, a properly funded living trust is the cornerstone of a complete plan.

No. A will alone guarantees probate — a public court process that typically takes 9–18 months and costs 4–10% of the gross estate in statutory attorney fees. Debts are not deducted from the estate value for fee calculation purposes: a home worth $1M with an $800K mortgage is still a $1M asset for fee purposes. A properly funded living trust avoids probate entirely. See the Probate page for the full California fee schedule.

LAESQUIRE charges $2,000 for a couple trust package and $1,500 for a single trust package, plus $250 per minor child. This includes the customized living trust, pour-over wills, durable power of attorney, healthcare power of attorney, living will/advance directive, HIPAA authorization, assignments of personal property, up to two California real estate deeds, and memorial instructions. No hidden fees. No charge for client calls during drafting. See full fee schedule →

Every adult — regardless of asset level — needs at minimum: (1) a Healthcare Power of Attorney naming someone to make medical decisions if you can't; (2) a Durable Financial Power of Attorney naming someone to manage finances; and (3) a Living Will / Advance Directive with your end-of-life wishes. Without these, if you become incapacitated, the court must appoint a conservator — possibly a stranger — to make decisions for you. This process is expensive, public, and traumatic for families.

Studies show that 80% of people who use form kits fill them in incorrectly — creating documents that may be invalid or fail to achieve their intended purpose. Generic documents also can't account for your family's specific situation: blended families, special needs beneficiaries, Medi-Cal eligibility, business interests, or properties across multiple states. You cannot correct mistakes in an estate plan after you're gone or incapacitated. A custom-drafted plan from a qualified attorney costs far less than fixing the problems a bad plan creates.

Possibly yes. An estate plan should be reviewed after major life events: marriage, divorce, birth of a child, death of a named trustee or beneficiary, purchase or sale of property, significant changes in assets, or changes in law. It should also be reviewed if your property isn't properly deeded into the trust — a common problem that defeats the entire purpose of having a trust.

California probate typically takes 9–18 months for straightforward cases. Complex estates — those with will contests, many beneficiaries, unusual assets, or tax issues — can take much longer, sometimes several years. During this time, estate assets are generally frozen and unavailable to beneficiaries.

California Probate Code §10810 sets maximum statutory fees: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, and 1% of the next $9 million. Debts are NOT deducted — a $1M home with an $800K mortgage is still a $1M estate for fee purposes. The personal representative (executor) receives the same statutory fee as the attorney. Plus court costs of approximately $1,000–$3,000. A $1M estate can easily incur $40,000+ in combined fees before any distribution to heirs.

Contact us as soon as possible — there are time-sensitive deadlines in California probate. First, locate and secure original documents (will, trust, deeds). Second, do not distribute any assets or pay debts from estate funds without legal guidance. Third, file the petition for probate as soon as feasible. LAESQUIRE will guide you through every step from petition to final distribution. Start probate intake →

California Medi-Cal has a look-back period — transfers of assets made too close to the time benefits begin can result in penalties or disqualification. The rules are complex and change frequently. Pre-planning before a parent needs Medi-Cal is critical. If your parents are in their 60s–70s and own a home, the best time to plan is now — before any long-term care need arises. Learn more about Medi-Cal planning →

Yes — if a Medi-Cal recipient owns a home at death and it's still in their name, California's Department of Health Services can file a recovery claim against the estate. This lien can be satisfied from the sale proceeds of the family home, leaving the children with little or nothing. A properly structured Medi-Cal trust, set up in time, can protect the home from this recovery while preserving Medi-Cal eligibility.

A Special Needs Trust (SNT) holds assets for the benefit of a disabled person without disqualifying them from SSI, Medi-Cal, or other government benefits. If a disabled person inherits money directly — or receives a personal injury settlement — those funds can eliminate their public benefits. An SNT prevents this by holding the assets outside the beneficiary's direct ownership while still making them available for quality-of-life expenses. Any family with a disabled child, sibling, or other dependent should consider an SNT. Learn more about special needs trusts →

Because title, trusts, probate, contract terms, and estate planning can all affect the outcome of a real estate transaction in ways most Realtors never think about. An attorney-Realtor can see both sides simultaneously: how the property is titled, whether it's in a trust, what the tax basis implications are, how to handle a probate sale, and what the contract says legally — not just commercially. This coordination is something most buyers and sellers have never experienced before.

When someone dies owning property in their name alone (without a trust or joint tenancy), the property must go through probate before it can be sold. Probate property sales involve court supervision, required notices to heirs and creditors, and sometimes court confirmation hearings. An attorney-Realtor with probate experience can handle both the legal and transaction aspects — saving families significant time and cost.

California Proposition 19 (effective February 2021) significantly changed parent-child property tax exclusions. Transfers of real property between parents and children no longer automatically qualify for a property tax exclusion unless the child lives in the home as their primary residence. Estate planning that involves real property should account for Prop 19 implications carefully — both for transfers during lifetime and transfers at death through trusts or wills.

Yes — and this is one of the most commonly missed steps after setting up a living trust. When a home is transferred into a trust, the homeowners insurance policy should be updated to reflect the new ownership structure. Many standard homeowners policies have provisions that can create coverage gaps for trust-owned property. INSUREDLA reviews your existing coverage as part of the coordinated LA Vakil process to make sure no gap is created. Learn more about INSUREDLA →

An umbrella policy provides an additional layer of liability coverage above and beyond your home and auto policies. It's especially important for homeowners, landlords, and anyone with significant assets — because if you're sued for more than your underlying policy limits, you pay the difference out of pocket. For most California homeowners, an umbrella policy is one of the most cost-effective forms of protection available.

Professional Liability Insurance — also called Errors & Omissions (E&O) — protects businesses that provide professional services from claims related to mistakes, undelivered services, or negligent work. It's essential for consultants, accountants, real estate agents, insurance agents, healthcare providers, technology companies, and many other service-based businesses. General liability alone does not cover professional service claims. Learn more about business insurance →

Yes — claims guidance is part of the INSUREDLA service. When a claim arises, having an independent agent who understands the full picture of your coverage — and who also understands legal and real estate implications — can make a significant difference in how the claim is handled. INSUREDLA also works with LAESQUIRE on insurance denial litigation when an insurer wrongfully denies a valid claim. Claims help →

Most families work with three separate professionals — an attorney, a Realtor, and an insurance agent — who rarely communicate with each other. The gaps between them are where expensive mistakes happen: a home not re-deeded into the trust, an insurance policy that doesn't cover trust-owned property, a real estate transaction that triggers unintended tax consequences. LA Vakil brings all three under one roof, so these decisions are made in coordination, not isolation.

Yes. LA Vakil serves clients throughout Chatsworth, Northridge, Porter Ranch, Granada Hills, Woodland Hills, West Hills, Simi Valley, Canoga Park, Reseda, Tarzana, Winnetka, Encino, Sherman Oaks, Van Nuys, North Hills, Arleta, Pacoima, Sylmar, Mission Hills, North Hollywood, Studio City, Calabasas, and greater Los Angeles. Virtual consultations are available for clients throughout California.

Shekhar Chikhalikar serves clients in English, Hindi, and Marathi. For South Asian families in the San Fernando Valley, your estate plan can be discussed and explained in the language that feels most natural to you.